Posted by Reenie/CA on 5/9/05 12:04am Msg #36591
ID issue...
I had a borrower the other day refuse to provide me with a copy of his driver's license as requested. He said that he was worried about identity theft and that is why he has a notary. The notary is his proof that he is who he is and again refused to provide the copy of his driver's license.
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Reply by Jon on 5/9/05 12:33am Msg #36597
Are you saying that the borrower was a notary and since he was a notary he didn't think he had to provide you with satisfactory evidence and prescribed in Civil code 1185????? Even the NNA wouldn't teach that! I hope you refused the notarization and handed him the handbook you carry with you and said "Show me where that is so I can be as informed as you."
Mandatory education is a good thing.
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Reply by Kari/CA on 5/9/05 12:46am Msg #36598
Some lenders request that borrowers provided a copy of the drivers license to be sent with the documents back to the lender.
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Reply by Stephen_VA on 5/9/05 7:38am Msg #36612
He was saying "he has a notary" at the signing to provide proof that he was who he says he is.
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Reply by Kari on 5/9/05 10:50am Msg #36629
Yes, the notary was Reenie
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Reply by Kari on 5/9/05 12:46am Msg #36599
Re: ID issue...
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Reply by Kari/CA on 5/9/05 12:48am Msg #36600
In a situation like that I would ask him to write a note and sign it and return it with the documents.
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Reply by CaliNotary on 5/9/05 1:54am Msg #36603
I wouldn't worry about it. If the title company truly needs it, they'll contact the borrower themselves. We can't force anybody to provide it, nor should we be expected to.
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Reply by Mary Pierce/PA on 5/9/05 5:45am Msg #36607
I did one Friday night where the borrower's DL expired in February. They still asked me to do the signing. I refused because I didn't have a valid ID. He was going to go to motor vehicles on Saturday and renew his license and I'm suppose to redo the signing tonight.
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Reply by Art_MD on 5/9/05 7:50am Msg #36614
Re: ID issue... boy it varies from state to state !!
In MD it is very loose as to identification
Here is MD rule:
Satisfactory proof is that amount of proof which is sufficient to convince the notary public that the person making the acknowledgment is the person described in the document, and the one who executed it. A good rule for a notary public to follow would be to require such proof of identification as he or she would require to cash a very large check for that person.
Art
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Reply by sue on 5/9/05 10:58am Msg #36632
Mary, I use the expired id for my own satisfaction and the social security card for the state's requirement.
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Reply by Lalas_socal on 5/9/05 4:44pm Msg #36713
In california, we can use an expired DL if issued within 5 years.
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Reply by JanetK/CA on 5/9/05 8:50pm Msg #36772
Right. And if it wasn't, even if they went to the DMV and got a paper extension, I've been told by the SOS office that that wouldn't be sufficient, since it's a separate document. The ID card itself has to be current or, as you state, issued within 5 years.
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Reply by To Mary Pierce on 5/9/05 6:29pm Msg #36741
Mary: In PA, you are required to identify the person for whom you are notarizing the document. Once you are satisfied that he/she is the person whose signature you are notarizing, you have no reason to refuse...other than your cautionary reluctance to make a mistake. Since the individual's picture and signature appear on the DL...expired or not...I would have no problem completing the signing. IMHO...
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Reply by sue on 5/10/05 7:31am Msg #36855
you're going under the old law. July of 2003 the law changed and 'unexpired' is one of the key words now used. check your new booklet they sent out about a year ago.
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Reply by Sylvia_FL on 5/9/05 8:59am Msg #36617
I would have called the company from the table and asked them how to proceed. I would also let the borrower know that some companies will delay funding until they receive a copy of the drivers license. I do have an ID form I use for those cases where the borrower does not have copies of their ID.
I did a signing a couple of weeks ago for a title company, they requested I pick up proof of the borrowers SS income and also copies of their ID. The borrowers insisted they had already provided these to their broker. I called the title company and was told not to worry about it then, they would get the items from the broker. I did the signing - which was over an hour away, and sent the package back. Several days later someone from the title company called me and said that they did not get copies of the borrowers ID in the package I sent back, and lender was refusing to fund without the ID copies. I explained what had happened and that I had spoken to Brian and he had said not to worry about it, he would get the copies from the broker. The girl told me that Brian was out of the office that day on vacation and that as the closing instructions said for me to pick up the copies I would need to go out and get the copies and they needed them that day. I let her know that as Brian said it was OK, that if I went out I would need another fee as it was over an hour from me. But I said I would call the borrowers and see if they would get the copies and fax them over to her.
I called borrowers and left a message. Before they called me back, I did call title and let them know that I had left a message with the borrowers, and the girl at title said she had talked to the broker who told her that in his opinion the borrowers would not be able to do it themselves as they "weren't too bright" and I should go out and get the copies myself. Apparently they had faxed copies over before and they weren't very clear. I said, that if I picked up copies and faxed them over they may not be too clear either.
Borrowers called me back, and were a little unhappy but Mr borrower said he would go out right away and get copies made and would fax them over to title.
I called title back and let them know. She said, tell them they can do it tomorrow, the lender said they wouldn't hold up the funding. I said that I was not going to call them again, the borrower was already on his way to get the copies. They didn't call me back again so I assume everything was OK.
If borrower refuses to provide ID there is not much we can do.
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Reply by MaggieMae_CA on 5/9/05 5:06pm Msg #36718
Requiring a notary to pick up a copy of ID puts us in an awkward position. I've received notary instruction sheets to pick up copies of ID, but none of the closing instructions which the borrowers have signed has requested/or made it a condition that a copy of the ID be provided.
I've been very lucky in that the borrowers I've worked with have all complied with my request for copies of their ID. But I couldn't and wouldn't blame them for challenging my request, because it hasn't shown up on any of the paperwork they are signing.
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Reply by Debbie/NJ on 5/10/05 6:30am Msg #36850
I have had a lot of problems with senior citizens and I.D. Most of them don't drive anymore so they don't have a driver's license (or they have one that doesn't have a picture on it). They want to use their Social Security card (which is NOT good I.D. since it doesn't have a picture and it doesn't state their height, weight, etc.). What kind of I.D. would be acceptable in these cases?
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